Legal Question in Technology Law in Mississippi

Re: Downloading music (MP3)

As evidenced by the RIAA filing numerous lawsuits against file downloaders, there is at least a colorable claim that this conduct violates the U.S. Copyright Act.

Nearly two years ago, I told a group of lawyers at a program at the American Bar Association that the recording industry was missing the boat by focusing all of their efforts against Napster, since peer-to-peer file sharing without a centralized server (a la Napster) would render any victory over Napster illusory. I asked rhetorically whether they were really prepared for the consequences of mass litigation against "Little Johnny" who swapped files with his pals, and opined that the cost was not worth the potential gain -- no quicker way to undercut public support for copyright protection than to haphazardly sue members of the public.

Obviously, the industry has failed to come up with any alternate business model, and deems its very survival to be at stake. Like the 55 mile-per-hour speed limit, putting law in the position of being contrary to public sense of reasonableness is doomed to failure, and something will have to give. Meanwhile, using software that conceals the user's identity (patches have already appeared in several peer-to-peer filing software apps) would be the most prudent approach.

Best wishes,

LDWG

Re: Downloading music (MP3)

While Mr. Graves's analysis of the law makes considerable sense, I think a further clarification is in order. Also, while I mean no disrespect to him, I think Mr. Graves has made a serious ethical misjudgment by giving you advice on how to break the law and avoid detection. Such advice might be allowable in New Hampshire, where he is based, but I very much doubt it and I am sure it is improper in most -- and probably all -- American jurisdictions.

The answer to your question is that downloading copyrighted material from a source which is not licensed by the copyright holder (or even from one which is if you manage not to pay the required fee) is a copyright violation and could lead to a civil lawsuit or criminal prosecution. Prosecution is rather unlikely and even a civil suit probably won't materialize, but the risks are there.